Definitions

1(1) In this Act:

"annual cut reduction" means a reduction in allowable annual
cut that, at any time during the period beginning on January 1, 1995 and ending May 31,
2003, the minister, acting or purporting to act under section 63 of the Forest Act, imposed or imposes on holders of forest licences and timber
sale licences;

(2) In this Act, words and expressions not defined in subsection (1) have the same meanings as in the Forest Act.

Protected areas deleted from licensed areas

2(1) Crown land in a protected area itemized in Column 1 of the Schedule is
conclusively deemed, effective on the date in Column 2 of the same item, to have been
deleted from any part of any tree farm licence area, timber licence area, woodlot licence
area or timber supply area that, on that date, is within the boundaries of that protected
area.

(2) Each of the following is deemed amended to reflect the deletion under subsection
(1):

(a) a tree farm licence, timber licence or woodlot licence that authorizes the
harvesting of timber in a tree farm licence area, timber licence area or woodlot licence
area referred to in subsection (1);

(b) the boundaries of a timber supply area referred to in subsection
(1).

(3) For the purposes of the application of section 60 of the Forest Act and the determination of compensation under that section, the
deletions under subsection (1) must be considered to have been for a purpose other
than

(a) access to Crown timber,

(b) highway, pipeline or power transmission line rights of way,

(c) water storage, or

(d) timber production.

Deletion under section 60 of the Forest
Act

3(1) A deletion under section 2 (1) from a tree farm licence area, timber
licence area or woodlot licence area is conclusively deemed, for all purposes, to have
been and to be a deletion of Crown land validly made under section 60 of the Forest Act as that section read at the time of the deletion, even though
notice was not served in accordance with that section.

(2) If doubt exists as to whether and to what extent, if any, an allowable cut
reduction for a tree farm licence was or is attributable to the deletion of land referred
to in subsection
(1), the chief forester may issue a written statement resolving the
doubt.

(3) A written statement under subsection (2) is conclusive for the purposes of
subsection
(1).

Allowable annual cut reductions under section 60 of the Forest
Act

4(1) An annual cut reduction, to the extent that it was or is attributable to the
establishment of a protected area, is conclusively deemed, for all purposes, to have been
and to be a reduction in allowable annual cut validly made under section 60 of the
Forest Act as that section read at the time of the reduction, even though notice was not served in accordance with that section.

(2) If doubt exists as to whether and to what extent, if any, an annual cut reduction
for any forest licence or timber sale licence was or is attributable to the establishment
of a protected area in a timber supply area, the minister or a person designated by the
minister, after consulting with the chief forester, may issue a written statement
resolving the doubt.

(3) A written statement under subsection (2) is conclusive for the purposes of
subsection
(1).

Set-off for benefits previously received

5The amount of compensation payable under section 60 of the Forest Act to the holder of a tree farm licence, timber licence, woodlot
licence, forest licence or timber sale licence must be reduced by any financial benefit or
other benefit received by that holder from the government before the coming into force of
this section arising out of the establishment of a protected area.

No application to settled claims of licence holders

6This Act does not apply in respect of a claim by the holder of a licence against the
government for compensation or damages because of a deletion under section 2 (1) or
an annual cut reduction if, before the coming into force of this section, the holder has
agreed with the government for the settlement of the claim.

Limit on compensation

7(0.1) In this section, "compensation" includes damages.

(1) The compensation payable to the holder of a licence because of

(a) a deletion under section 2 (1) affecting the licence,

(b) an annual cut reduction affecting the licence, to the extent that it was or is
attributable to the establishment of a protected area,

(c) the establishment of a protected area that included all or part of the area
under the licence, or

(d) any of the things specified in paragraphs (a) to (c) in
combination with either or both of the others

is limited to the amount of compensation determined in relation to that licence
under section
60 of the Forest Act as it applies for the purposes of this Act.

(2) No action lies, and an action or other proceeding must not be brought or continued
against the government for compensation

(a) arising out of this Act,

(b) because of any of the things specified in paragraphs (a) to (c) of subsection
(1), or

(c) because of any of the things specified in paragraphs (a) to (c) of subsection
(1) in combination with either or both of the others,

in an amount that exceeds the amount limited under subsection (1).

(3) A deletion under section 2 (1), an annual cut reduction or the
establishment of a protected area that included all or part of the area under a licence
does not constitute an expropriation within the meaning of the Expropriation Act.

Act to be given effect

8(1) This Act must be applied to and must be given effect in every action or other
proceeding whether commenced before, on or after the date this Act receives Royal
Assent.

(2) This Act must not be construed as lacking effect, whether retroactive or
otherwise, in relation to any matter because it makes no specific reference to that
matter.

Clarification of protected areas

9The Lieutenant Governor in Council may amend the Schedule by regulation
by

(a) amending the names of protected areas itemized in Column 1 of the Schedule and the
dates itemized in Column 2 of it, and

Commencement

10(1) Sections 1 to 3, 4 (1) and 7 (3) are deemed to have come into force on January 1, 1995 and
are retroactive to the extent necessary to give them effect on and after that
date.

(2) Regulations that may be made under section 9 may be made retroactive
to January 1, 1995 or a later date that the Lieutenant Governor in Council may determine,
and a regulation made retroactive is deemed to have come into force on the date specified
in the regulation.

Schedule

Item

Column 1 Protected Areas by Type

Column 2 Date of Deletion

Areas established under the Environment and Land Use Act as parks or
protected areas

1

Anarchist Protected Area

April 18, 2001

2

Anstey Hunakwa Protected Area

April 18, 2001

3

Arrowstone Park

April 30, 1996

4

Bearhole Lake Protected Area

January 25, 2001

5

Beaver Creek Protected Area

May 17, 2000

6

Bedard Aspen Park

April 30, 1996

7

Blue Earth Lake Park

April 30, 1996

8

Bonaparte Park

April 30, 1996

9

Brent Mountain Protected Area

April 18, 2001

10

Buse Lake Protected Area

January 25, 2001

11

Carp Lake Protected Area

March 30, 2000

12

Cathedral Protected Area

April 18, 2001

13

Chukachida Protected Area

January 25, 2001

14

Churn Creek Protected Area

February 14, 1996

15

Churn Creek Protected Area

February 10, 1998

16

Close-to-the-Edge Protected Area

January 25, 2001

17

Cornwall Hills Park

April 30, 1996

18

Craig Headwaters Protected Area

January 25, 2001

19

Cummins River Protected Area

July 27, 2000

20

Damdochax Protected Area

April 18, 2001

21

Denetiah Corridor Protected Area

July 6, 2000

22

Duck Lake Protected Area

January 25, 2001

23

Duneza Keyih Protected Area

April 18, 2001

24

Dunn Peak Park

April 30, 1996

25

Ekwan Lake Protected Area

January 25, 2001

26

Elephant Hill Park

April 30, 1996

27

Emar Lakes Park

April 30, 1996

28

Enderby Cliffs Protected Area

April 18, 2001

29

Entiako Protected Area

January 25, 2001

30

Finlay-Russel Protected Area

April 18, 2001

31

Fintry Protected Area

April 18, 2001

32

Foster Arm Protected Area

January 25, 2001

33

Francois Lake Protected Area

July 6, 2000

34

Giscome Portage Trail Protected Area

April 18, 2001

35

Goguka Creek Protected Area

January 25, 2001

36

Graystokes Protected Area

April 18, 2001

37

Greenbush Lake Protected Area

April 18, 2001

38

Harry Lake Aspen Park

April 30, 1996

39

Hay River Protected Area

January 25, 2001

40

High Lakes Basin Park

April 30, 1996

41

Holliday Creek Arch Protected Area

January 25, 2001

42

Homathko River-Taklayoko Protected Area

February 14, 1996

43

Huchsduwachsdu Nuyem Jees/Kitlope Heritage Conservancy Park

February 20, 1996

44

Jackpine Remnant Protected Area

January 25, 2001

45

Kalamalka Lake Protected Area

April 18, 2001

46

Kingfisher Creek Protected Area

April 18, 2001

47

Kiskatinaw River Protected Area

January 25, 2001

48

Klin-Se-Za Protected Area

January 25, 2001

49

Klua Lakes Protected Area

January 25, 2001

50

Lac du Bois Grasslands Park

April 30, 1996

51

Liard River Corridor Protected Area

January 25, 2001

52

Lower Raush Protected Area

January 25, 2001

53

Maxhamish Lake Protected Area

January 25, 2001

54

Monashee Protected Area

April 18, 2001

55

Mount Griffin Protected Area

April 18, 2001

56

Mount Savona Park

April 30, 1996

57

Myra-Bellevue Protected Area

April 18, 2001

58

Nahatlatch Protected Area

January 25, 2001

59

Nechako Canyon Protected Area

July 6, 2000

60

North Thompson Oxbows Jensen Island Park

April 30, 1996

61

Northern Rocky Mountains Protected Area

January 25, 2001

62

Omineca Protected Area

April 18, 2001

63

Oregon Jack Park

April 30, 1996

64

Paul Lake Park

April 30, 1996

65

Pennask Creek Protected Area

April 18, 2001

66

Pitman River Protected Area

January 25, 2001

67

Portage Brule Rapids Protected Area

January 25, 2001

68

Ptarmigan Protected Area

January 25, 2001

69

Pukeashun Protected Area

April 18, 2001

70

Purcell Wilderness Conservancy Park

February 14, 1996

71

Pyramid Creek Falls Park

April 30, 1996

72

Roche Lake Park

April 30, 1996

73

Seven Sisters Protected Area

January 25, 2001

74

Sikanni Chief Canyon Protected Area

January 25, 2001

75

Sikanni Chief Falls Protected Area

January 25, 2001

76

Six Mile Hill Protected Area

October 31, 2001

77

Smith River-Fort Halkett Protected Area

January 25, 2001

78

Snowy Protected Area

April 18, 2001

79

South Okanagan Grasslands Protected Area

April 18, 2001

80

Spruce Lake Protected Area

April 18, 2001

81

Sugarbowl-Grizzly Den Protected Area

January 25, 2001

82

Sustut Protected Area

April 18, 2001

83

Sutherland River Protected Area

July 6, 2000

84

Taweel Park

April 30, 1996

85

Thinahtea North Protected Area

January 25, 2001

86

Thinahtea South Protected Area

January 25, 2001

87

Trepanier Protected Area

April 18, 2001

88

Tsintsunko Lakes Park

April 30, 1996

89

Tunkwa Park

April 30, 1996

90

Tweedsmuir Corridor Protected Area

January 25, 2001

91

Upper Raush Protected Area

January 25, 2001

92

Vaseux Protected Area

April 18, 2001

93

West Twin Protected Area

January 25, 2001

94

White Lake Grasslands Protected Area

April 18, 2001

Areas established or continued as ecological reserves under the Ecological Reserve Act or by the
Protected Areas of British Columbia Act